(1)Under Section 54 (6) of the Code the police may arrest without warrant any person reasonably suspected of being a deserter from His Majesty's Army, Navy or Air Force.(2)The procedure to be followed in respect of a deserter from His Majesty's Army is contained in Section 154 of the Army Act.(3)The procedure in respect of a deserter subject to naval law is contained in the rules made under Section 549 (1) of the Code of Criminal Procedure, printed below in Rule 338. If a deserter has been arrested on a warrant issued under Section 50 of the Naval Discipline Act or Section 50 of the Indian Navy (Discipline) Act he shall be dealt with according to the orders contained in the warrant.(4)The procedure in respect of a deserter from His Majesty's Air Force is similar to that for a deserter from His Majesty's Army.(5)The necessary enquiries may be made under the orders of the District Magistrate by any Magistrate of the first class subordinate to him, but the District Magistrate himself shall forward the descriptive return to the proper authority. The name of the police officer who actually arrested the deserter should be entered against "Name, occupation and address of the person by whom or through whose means the deserter (or absentee without leave) was apprehended and secured". The police officer should be examined on oath or affirmation with respect of the circumstances of the arrest and the deserter should be given the opportunity to cross-examine. This deposition should be forwarded with the descriptive return.
